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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1880 Page 1 of about 14 results (0.071 seconds)

Apr 01 1880 (PC)

PepIn Vs. Chunder Seekur Mookerjee and anr.

Court : Kolkata

Decided on : Apr-01-1880

Reported in : (1880)ILR5Cal811

..... indemnify is to be implied. then by article 83 of the first division of the second schedule of the limitation act (xv of 1877), limitation in the case of a contract of indemnity runs from the date when the plaintiff is actually damnified. in the present case, therefore, limitation began to run when the administrator-general recovered against the plaintiff, and the ..... present is clearly pointed out by quain, j., in baxendale v. london, chatham, and dover railway co. (l.r., 10 ex., 35): 'if this were a contract of indemnity, where although there may be two contracts in form there is only one in substance, our decision might be in favour of the plaintiff. in such a case a surety, who is called upon ..... well be justified in defending an action at the principal's expense.'in the case of contracts of indemnity, the liability of the party indemnified to a third person is not only contemplated at the time of the indemnity, but is the very moving cause of that contract; and in cases of such a nature there is a series of authorities to the effect ..... proceedings are taken to enforce the contract against such third persons, and it turns out that the guarantor had no such authority, the costs are recoverable against him: collen v. wright (7 e. & b., 301; s.c. on appeal, section e. & b., 647), godwin v. francis (l.r., 5 c.p., 295). in cases of indemnity it has been so held in .....

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Feb 03 1880 (PC)

The Bank of Bengal Vs. Mendes

Court : Kolkata

Decided on : Feb-03-1880

Reported in : (1880)ILR5Cal654

..... to section 179). in my opinion neither section 160 of the contract act, nor section 117 of the evidence act, affects the present suit.41. i think, therefore, the decree below must be reversed with costs on scale 2, and the defendant ..... i think he is bound to pay the debt.40. the case has been argued as if it were a case of bailor and bailee, and section 160 of the contract act has been relied on. but that section is not even included among the sections which relate to bailment of goods as security for payment of debts (see section 172 ..... just been said by my learned colleague, i quite agree that the defendant should be at liberty to use the bank's name, if he pleases, upon giving them an indemnity, and also that when he pays the sum due, he is entitled to a return of the securities other than the rs. 10,000 note. .....

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Aug 11 1880 (PC)

T. F. Brown and anr. Vs. G. M. Cutts and anr.

Court : Kolkata

Decided on : Aug-11-1880

Reported in : (1881)ILR6Cal328

..... very different price, from what he would take in the other ; and i, therefore, think that the additional terms do vary and are inconsistent with the principal contract.35. the case of morgan v. griffith (l. e. 6 exch., 70), which is referred to by my brother pontifex, seems to me entirely different ..... additional terms relied upon by the defendants are admissible under proviso 2, as being a 'separate oral agreement not inconsistent with the terms of the principal contract.'34. it seems to me, that an absolute sale of a property, such as the plaintiffs ask us to enforce against the defendants, is a ..... contained and explained in sections 816 to 819 ; and it will be found that they all relate to the reception of evidence for the purpose of invalidating contracts, by reason either of fraud, illegality, &c.;, in their inception, or of some subsequent failure of consideration.32. for this reason, as well as ..... it, falls within clouse (e) to that section. it is true that the words 'upon some stipulation on the plaintiff's part which adds to the contract, but which he refuses to fulfil,' are not (according to the ordinary untechnical meaning of the word stipulation) very apt words to express what was intended, ..... property, except--(a) claims in respect of mesne profits or arrears of rent in respect of the property claimed: (b) damages for breach of any contract under which the property or any part thereof is held; and (c) claims by a mortgagee to enforce any of his remedies under the mortgage.'6. .....

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Jul 23 1880 (PC)

Buldeo Doss Vs. Howe

Court : Kolkata

Decided on : Jul-23-1880

Reported in : (1881)ILR6Cal64

..... been performed,' which, in my opinion, show, that it was intended to apply to cases where the property in the goods passed by the contract, as much as to contracts where the property did not pass. and section 39 contains similar words.6. if there had been any machinery for the purpose in the small ..... whether this was so or not, i do not see why section 55 should not apply; the plaintiff having the right, of course upon the rescission of the contract to receive back the small balance due to him from the defendants. i think, therefore, that the judgment of the court below should be confirmed, and that ..... provides, that if the buyer is not ready and willing to pay the' price at the time agreed upon, the seller has a right to rescind the contract, and to refuse to deliver the goods; and i consider that, upon the rescission, the property in the goods sold revested in the seller. it has ..... not apply to the present case.2. we are bound, i think, to determine questions of this kind, so far as we can, by reference to the contract act, and not to english law; and sections 51 to 58 appear to contain general provisions, which are applicable to all cases of reciprocal promises.3. in this ..... and the time for their delivery and for payment of the price had been postponed, the property in them had passed to the plaintiff (sections 78 of the contract act); and that, consequently, the defendants' only remedy was to resell them after notice to the buyer under section 107 of the same act. now, that section .....

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May 26 1880 (PC)

Nobocoomar Mookhopadhaya Vs. Siru Mullick

Court : Kolkata

Decided on : May-26-1880

Reported in : (1881)ILR6Cal94

..... below, but also learned judges of this court, have satisfied themselves that a suit upon a bond is, properly speaking, a suit for compensation for breach of contract, i do not think it right, in the interests of justice, to press the opposite view. [article 66:- description of suit. period of limitation. time ..... the case of a bond, or other contract in writing registered, was six years ; and that the people of this country have for years past understood that an unregistered bond must be sued upon within ..... single bond in this country), would be a suit for a debt or sum certain; whilst on the other hand, a suit for compensation for breach of contract (article 116), meant a suit for unliquidated damages.but there is no doubt that, under the acts of 1859 and 1871, the period of limitation in ..... meaning of the legislature is really doubtful, to divide the court upon a question of limitation.in one sense, of course, every suit for a breach of contract is a suit for compensation; but i should have thought that, in ordinary legal parlance, a suit to recover money due upon a bond (especially having ..... which period begins to run,' it is enacted that 'the period of limitation would begin to run against a suit brought on a similar contract not registered.' having regard to the words, 'a similar contract not registered,' it seems to me that a suit for compensation for the breach of the condition of a .....

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Sep 15 1880 (PC)

Jugtanund Misser Vs. Nerghan Singh and anr.

Court : Kolkata

Decided on : Sep-15-1880

Reported in : (1881)ILR6Cal433

..... evidence of such oral agreement is admissible to show that the condition has not been performed, and consequently that the written contract has not become binding.3. this will be found exemplified and explained in the following cases:-davis v. jones (17 c. b., 625), bell v. lord ingestre (12 q. b ..... well established and understood in england, and treated of in section 1038 of mr. taylor's book on evidence. that rule is, that when, at the time of a written contract being entered into, it is orally agreed between the parties that the written agreement shall not be of any force or validity until some condition precedent has been performed, parol ..... ; and it seems clear to me that the true meaning of the words 'any obligation' in proviso 3 is any obligation whatever under the contract, and not, as is contended by the defendants, some particular obligation which the contract may contain.7. i think, therefore, that the parol evidence was inadmissible, and that, as the defence entirely rests upon it, the plaintiff .....

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Jun 10 1880 (PC)

Almas Banee and ors. Vs. Mahomed Ruja and ors.

Court : Kolkata

Decided on : Jun-10-1880

Reported in : (1881)ILR6Cal239

..... of the month of pous 1283, irrespective of the number of days the month should consist of.'5. this is, no doubt, one mode of interpreting this term of the contract. at the same time we think that, when the bond, by its terms, gives expressly thirty days from the commencement of pous as the limit of payment, the period of ..... evade, by this plea of limitation, the payment of a just debt and to act contrary to the expressed intentions of the parties at the time of entering into the contract.6. accordingly, we are of opinion that this suit is not barred by limitation.

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Dec 03 1880 (PC)

Ramkishore Chuckerbutty and anr. Vs. Kallykanto Chuckerbutty

Court : Kolkata

Decided on : Dec-03-1880

Reported in : (1881)ILR6Cal479

..... which is embodied in the decree now sought to be executed, that the widow did not seek by her suit to recover any interest personal to herself, but that she contracted this judgment-debt in the effort to recover a portion of her husband's estate. it was only in her character as representative of that estate that she did, or ..... arrears of rent becoming due after his death, or for the bond which was given by the widow, it can only be upon the ground that the debts were necessarily contracted by the widow, or under such circumstances as to make the whole estate liable, and not merely the interest in it of the person who ..... contracted them.' and again: 'here the suits were against the widow only, she cannot be said to have been defending them as representing the reversioner, or as protecting his interest.'2. .....

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Nov 23 1880 (PC)

Kameswar Pershad Vs. Bun Bahadur Singh

Court : Kolkata

Decided on : Nov-23-1880

Reported in : (1881)ILR6Cal843

..... claimed taken for a legal necessity ; and whether or not is the amount of debt repayable by the property left by the husband of the widow mussamut asmedh konwar, who contracted the debt.'2. the subordinate judge, who tried the case in the first instance, found wholly in favour of the plaintiff, and gave a decree for the amount sued for .....

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May 21 1880 (PC)

Rajender Dutt Vs. Sham Chund Mitter and ors.

Court : Kolkata

Decided on : May-21-1880

Reported in : (1881)ILR6Cal106

..... is bad. there remains nothing but the restraint on partition.12. in ramdhone ghose v. annund chunder ghose (2, hyde 93) it was held that a contract similar to the present was binding upon the parties to it. i do not know that the question has ever been expressly raised whether such an agreement is ..... the house should not be partitioned. macphbrson, j., held, that a mortgagee of a half share of the house, taking from the representatives of one of the contracting parties with notice of the trust, could not claim partition during the twenty years. that case decided, i think, no more than this-that there was a ..... that clause 6 should be read as giving the property over to the other sharers in case any one sought partition during the life of any of the contracting parties. but the gift would then be void. a gift, whether primary or substitutionary, can only be to some one in existence at the time ..... money in lieu of a share of the estate.8. the short question that has to be decided is, whether the owner of property can by mere contract during his life prevent his heirs from partitioning property after his death; and further, whether such a prohibition is binding upon an assignee of the heir.9. ..... on this ground i think clause 2 and the clauses subsidiary to it, viz., clauses 3, 4, 7, 9, and 10, could bind nobody but the contracting parties.6. at first sight those clauses seem also to create an absolute perpetuity. but seeing that the subject of partition is expressly dealt with in clause 6, it .....

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